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—Appeal from order insofar as it granted motion of defendant Titan Industries and cross appeal unanimously dismissed (see, Hughes v Nusshaumer, Clarke & Velzy, 140 AD2d 988; see also, CPLR 5501 [a] [1]) and order affirmed without costs. (Appeals from Order of Supreme Court, Onondaga County, Tormey, III, J.—Summary Judgment.) Present—Green, J. P., Pine, Lawton, Doerr and Boehm, JJ.